The Cincinnati-based 6th Circuit U.S. Court of Appeals yesterday upheld laws banning same-sex marriage in Ohio, Kentucky, Michigan and Tennessee. The 2-1 decision covers six cases in those four states brought by a total of 16 couples. Among them are Cincinnati residents Brittani Henry-Rogers and Brittni Rogers, who are fighting so both can be listed as parents on their son’s birth certificate. James Obergefell of Cincinnati is also involved, asking courts for the right to be listed on his husband Jim Arthur’s death certificate. Earlier, a lower district court found in their favor.“We just want to be treated as a family, because we are a family,” Henry-Rogers said in an August interview after the 6th Circuit hearings.Justices Deborah Cook and Jeffery Sutton ruled that the debate over same-sex marriage is best decided by voters, not by the court. Justice Martha Daughtrey dissented.“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” Sutton wrote in the majority opinion. “Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way." The case is a somewhat surprising setback for same-sex marriage advocates, who had been on a winning streak in federal courts. The 4th, 7th, 9th and 10th Circuit Courts have previously struck down laws in a number of states banning same-sex marriage. Gay marriage is now legal in 32 states and the District of Columbia. "This decision is an outlier that’s incompatible with the 50 other rulings that uphold fairness for all families, as well as with the Supreme Court’s decision to let marriage equality rulings stand in Indiana, Wisconsin, Utah, Oklahoma and Virginia,” said American Civil Liberties Union attorney Chase Strangio in a statement yesterday. “It is shameful and wrong that John Arthur’s death certificate may have to be revised to list him as single and erase his husband’s name as his surviving spouse.”Ohio Attorney General Mike DeWine represented the state in the case. His office said in a statement it was "pleased the court agreed with our arguments that important issues such
as these should be determined through the democratic process."The decision leaves intact Ohio’s 2004 constitutional amendment banning same-sex marriage, at least for now. That’s created a split in federal court rulings among various circuit courts, something the Supreme Court will most likely have to sort out. Some legal experts think the Supreme Court will ultimately find same-sex marriage bans unconstitutional under the 14th Amendment. The court has refused to hear appeals to lower court decisions striking down bans, leading many to think a majority of the court supports legalization. Strangio said the ACLU will be filing for Supreme Court consideration. Attorney Al Gerhardstein, who represents the Ohio couples, has said he will be working to bring the case to the nation's highest court as well. Other advocacy organizations have also vowed to continue the fight.“Now, more than ever before, the Supreme Court of the United States must take up the issue and decide once and for all whether the Constitution allows for such blatant discrimination,” said Human Rights Coalition President Chad Griffin. “We believe that justice and equality will prevail.”

Say you’ve got a friend from out of town coming to Cincinnati. You really want to give them a warm welcome. What’s the best party in town for a newcomer? That’s right: a 2.5 hour hang sesh with city council! Yesterday, members of council grilled Mayor John Cranley’s pick for city manager Harry Black about his specific vision for the city. Black already gave some broad outlines of his approach last week, but council wanted to get down to brass tacks. It was the predictable theater production these kinds of appointment hearings usually are, with Black providing careful, not terribly specific answers to questions from council members, most notably Chris Seelbach and Yvette Simpson, about specific ideas he would implement as the second-most powerful member of city government. Black says he would need to assess where the city stands before making any drilled-down proposals. But as the Business Courier points out in its story today, he did tip his hand a bit on the streetcar, saying the city has limited amounts of money and that anything after the current phase of the project is something for future discussions. Black looks as if he’ll play pretty close to Cranley’s game plan for the city, which could well pit him against some members of council on a number of issues. That should make this afternoon’s full-council discussion and vote on his appointment interesting.• As I mentioned yesterday, Cincinnati’s 6th Circuit Court of Appeals today will hear challenges to gay marriage bans in Ohio, Kentucky, Michigan and Tennessee. Demonstrations against gay marriage bans took place last night downtown and will continue today outside the courthouse. Religious groups supporting the bans are also encouraging followers to turn out. Stay tuned for more on the court’s rulings.• Also happening today — Hamilton County Commissioners will decide whether to put a .25 percent sales tax increase on the ballot to fund the renovation of Union Terminal and Music Hall. There has been a lot of wrangling about this proposal as the commissioners and anti-tax groups look for more financial input from the city. Meanwhile, supporters of the tax say it’s now or never for the renovations. Various alternative proposals have been floated, including cutting Music Hall from the deal or charging fees on tickets to events at the landmarks. We’ll report the commissioners’ decision when it comes down. They meet at 11 a.m.• Also also happening today — Rev. Jesse Jackson will be at City Hall discussing a proposed amendment to the Constitution regarding voting rights in commemoration of today’s 49th anniversary of the Voting Rights Act. Mayor John Cranley and State Rep. Alicia Reece will introduce Jackson at 1 p.m.• Toledo’s toxic algae woes may not be over, according to scientists. Last weekend the city advised citizens not to drink or bathe with water from the municipal water supply due to high levels of toxins from algae in Lake Erie. The algae has been increasing intensely due to runoff from large-scale farming and other industries. Scientists warn that it’s still early in the season for the algae, which usually peaks in late August. They also say the underlying conditions that caused the water emergency are nowhere near mitigated, though the city has taken extra precautions in purifying municipal water.• When it comes to economics, it’s hard to get more mainstream than Standard and Poor’s, the financial analysis giant owned by McGraw-Hill. S&P authors the Dow Jones Industrial Average and is one of the few elite credit-rating agencies. Not exactly a leftist revolutionary group, then. But even this Wall Street giant has begun raising alarms about income inequality, releasing a report yesterday about the pragmatic hazards of the growing gap between the rich and the rest in the United States. The report sheds moral considerations about inequality, of course, in favor of cold, hard economics. And here, the gap has slowed growth and hindered our economy, the report says.“Our review of the data, as well as a wealth of research on this matter, leads us to conclude that the current level of economic inequality in the U.S. is dampening GDP growth, at a time when the world’s biggest economy is struggling to recover from the Great Recession and the government is in need of funds to support an aging population,” the report summarizes. • Finally, the world has come to this: There’s a big fight brewing over who owns the rights to a selfie a monkey took back in 2011. Selfies weren’t quite the phenomenon they are now, so first and foremost I applaud the crested black macaque who snapped a pretty great pic of herself for being ahead of the curve. The photo happened when a British photographer set up his gear to trigger remotely as he was trying to get a candid photo of a group of the wild macaques in Indonesia. The monkey in question grabbed the gear and eventually found the shutter button, snapping hundreds of pics of herself and her surroundings. Most were blurry, but a couple are crisp and colorful, and really, much better looking than any selfie I’ve ever attempted, which is depressing. Anyway, Wikimedia has posted the photo in its collection of more than 20 million royalty-free images. The photographer has sued Wikimedia to take the photo down, but the group, which runs Wikipedia, has claimed that since the monkey took the picture, it owns the copyright to the image the photographer doesn't own the image. The group has yet to receive a cease-and-desist letter from said monkey, though rumor has it the macaque has asked that her Instagram and Tumblr handles be included when the photo is used online.UPDATE: I pride myself on rarely having to do corrections, but they got me on this one. Apparently, Wikimedia isn't claiming that the monkey has the copyright, though I haven't checked to see if the monkey is feeling litigious. From the company:
"We don't agree that the photographer in question has copyright over the images. That doesn't mean the monkey owns the copyright: it just means that the human who owns the camera doesn't.
For example, under US copyright law, copyright claims
cannot vest in to non-human authors (that is, non-human authors can't
own copyrights) -- and the monkey was the photographer. To claim
copyright, the photographer would have had to make substantial
contributions to the final image, and even then, they'd only have
copyright for those alterations, not the underlying image."Noted, corrected. Sorry 'bout that.

Sometimes, all the forces of the universe conspire to make every important thing possible happen on the same day, at the same time. That day is tomorrow, when City Council will meet for the first time since its summer recess, Hamilton County Commissioners will vote on the icon tax and the 6th Circuit Court of Appeals here in Cincinnati will hear challenges to gay marriage bans in four states. To make sure you're ready, let's review a couple big upcoming news events, shall we?• Time is ticking down for a possible tax hike deal to renovate Music Hall and Union Terminal. County Commissioners have until tomorrow to decide whether or not a proposed .25 percent sales tax will end up on the November ballot, and there’s no indication that two of the three commissioners are leaning toward voting for the tax as-is. At issue is the city’s contribution and the age-old city vs. county dynamic. Commissioners Chris Monzel and Greg Hartmann, both Republican, say they want a bigger financial commitment from the city, a sign of long-term buy-in. Monzel has floated the idea of cutting Music Hall out of the deal, since he says that building is the city’s responsibility and Union Terminal has more history county-wide. He’s said an alternative sales tax proposal could be ready for tomorrow’s meeting if a deal for both buildings can’t be reached. Another alternate idea involves ticket fees for those attending events at the buildings. The city has pledged to continue the $200,000 a year it pays toward upkeep for each building and has committed an additional $10 million for Music Hall. Commissioners have said that isn’t enough. They’ll vote at their weekly meeting tomorrow on whether to put the issue on the ballot for voters to weigh.• Tomorrow is a big day for other reasons. The 6th Circuit Court of Appeals in Cincinnati will hear challenges to gay marriage bans in Ohio, Kentucky, Michigan and Tennessee. It will be a decisive moment for the marriage equality movement, which has been on a winning streak in the courts lately. The Supreme Court last June struck down a federal law defining marriage as between a man and a woman, and since then many courts have ruled against gay marriage bans and other laws restricting recognition of same-sex marriages. But two of the three judges on the appellate board here are appointees from former President George W. Bush’s time in office and have a record of rulings supporting conservative values. Both opponents and supporters of the bans have rallies planned during the 1 p.m. hearings. Religious groups in the area, including the Catholic Archdiocese of Cincinnati, are urging followers to pray for the judges. The church has voiced strong support for Ohio’s gay marriage ban, passed in 2004.• An effort to open a cooperative grocery store in Clifton is coming down to the wire, an Enquirer report says. The proposed market has met a quarter of its $1.65 million fundraising goal, officials with the group say. That money comes from shares anyone can buy to become a part owner of the store and would go toward buying the former Keller’s IGA building on Ludlow Avenue. The Clifton Cooperative Market group is under contract to buy the building, but that contract expires Oct. 11. The group envisions an “upmarket” grocery that provides both staple goods and specialty items. If the group can get half the money, officials say, it will become easier to secure financing for the rest through bank loans.• Miami University is tops! The local university ranks high on a few just-released Princeton Review lists, though not necessarily all positive ones. Miami is the nation’s 11th best party school, the review finds. It’s rocketed up five spots from last year, passing rival Ohio University. As an alum, I can tell you the recognition is long overdue. However, the school is also ranked fifth on the “little race and class interaction” list. So if you like partying with 16,000 friends who look a whole lot like you (assuming you look like an extra from a Brooks Brothers casual wear catalogue shoot) I’ve got the school for you. The school also ranked high for Greek life (sixth) and its entrepreneurial program (12th). • Finally, a story about grandmothers in Aurora, Indiana who have taken up a new hobby — firearms. Two senior women there started a gun education group in May after being robbed. Women Armed and Ready, or WAR, trains women on proper use of handguns for self-defense, firearm laws and target shooting.“My gun is the answer to anybody who thinks I'm an old lady living alone,” says WAR member Barb Marness. Enough said.

Here at the morning news desk (which is really just my desk, only in the morning), we usually lead off with some local news. But the big story of the moment comes from across the river.Kentucky's gay marriage ban is unconstitutional, a federal judge ruled yesterday. The judge struck down Kentucky’s amendment to its state constitution banning same-sex marriages, though he is holding implementation of his ruling until after hearings here in Cincinnati next month. The next showdown over gay marriage in the region comes Aug. 6, when the U.S. 6th Circuit Court of Appeals downtown will hear cases from Ohio, Kentucky and other states about same-sex marriage bans. Hamilton County Commissioner Todd Portune is pitching user fees for events at Music Hall and the Cincinnati Museum Center as a way to raise funds to renovate the historic buildings. He floated the idea in a letter yesterday, where he also indicated he’s not sold on the idea of a sales tax hike to pay for the renovation projects. Portune said he’s not a flat no on the tax hike but that it will be a tough sell for him without some kind of ticket price increase. The buildings need more than $300 million in repairs. An Indianapolis-based developer working on rehab projects for three iconic historic buildings in Cincinnati is making progress. Core Redevelopment LLC is redeveloping the former School for Creative and Performing Arts building in Pendleton, the Crosley building in Camp Washington and the old Windsor Elementary School in Walnut Hills. The group was just awarded tax credits on the Windsor project, which will contain 44 units of housing. CEO John Watson indicated that he thinks Walnut Hills is on the verge of a “full scale redevelopment” as a neighborhood. The SCPA project is expected to break ground in September and will be home to 142 units. Finally, the group will develop 238 units in the looming white Crosley building, which was built in the 1920s by the Crosley company as a factory for radios and other items. All three projects will be market rate housing. The group expects the 800-square-foot, one bedroom units at the Windsor building will run a little over $800 a month.The city of Middletown is officially dissolving its housing authority after complaints it tried to kick people off Section 8 rolls. The Middletown Public Housing Authority voted unanimously to dissolve itself yesterday. MPHA will shut down by September, turning over 1,662 Section 8 vouchers to Butler and Warren Counties. Miami University of Ohio is the most expensive public university in the country, a new study finds, and Ohio’s other public universities are also among the priciest. Miami rings up at a net cost of $24,000 a year after financial aid is considered. As an alum, this makes me wonder if the resale value of their degrees is higher, too. I have one recent-model English/Poli Sci double if any one’s interested… rarely used, buyer takes over payments.It’s not every day you see your state’s Democratic senator take a selfie with your ultra conservative, Republican governor. But Sen. Sherrod Brown and Gov. John Kasich apparently got cozy for the camera yesterday at The Banks while celebrating the new GE deal. Cincinnati, bringing people together.Finally, scientists are working on breeding bald chickens that can withstand the increased heat caused by climate change in regions near the equator. That's... terrifying. I imagine they'll be able to do it, though, since they've already been able to genetically engineer the spicy and extra crispy varieties.

Gov. John Kasich gave his State of the State speech last
night, promising to combat Ohio’s heroin epidemic, cut taxes and create
jobs across the state. The speech didn’t promise any new, huge proposals;
instead, it focused on expanding the approach Kasich has taken to
governing Ohio in the past four years. Democrats criticized the speech
for failing to note Ohio’s recent economic struggles, with the state now
among the worst in the nation for job growth. Meanwhile, a recent
analysis from left-leaning Policy Matters Ohio found Kasich’s proposed
tax cut would benefit the wealthy.Ohioans are moving left on marijuana and same-sex
marriage, according to a Quinnipiac University poll released yesterday.
The poll found 87 percent of Ohioans now support legalizing marijuana
for medical uses, and 51 percent support allowing adults to legally
possess a small amount of the drug. Meanwhile, half of Ohio voters now
support same-sex marriage, compared to 44 percent who do not. Whether
the widespread support translates to ballot issues remains to be seen. CityBeat covered Ohio’s medical marijuana movement here and same-sex marriage efforts here.The Cincinnati Center City Development Corporation (3CDC)
plans to alleviate parking problems in Over-the-Rhine by adding a
parking meter to every parking space in the neighborhood and asking City
Council to allow residential parking permits in neighborhoods that mix
commercial and residential. (Today, the city code allows residential
parking permits only in neighborhoods that are 100 percent residential.)
The plan would add 162 metered spaces to the 478 currently metered
spaces, and 637 spaces would be designated for residents.City Council could move to officially dissolve the parking
privatization plan as soon as Wednesday. What will replace the plan is
still unclear, but CityBeat compared Mayor John Cranley’s proposal to the parking privatization plan here.Cincinnati Police Chief Jeffrey Blackwell says officers
responded appropriately to an incident in which police shot and killed a suspect. Blackwell said police had to respond with deadly force when
the suspect came out of his house with a rifle.Cincinnati-based Kroger could buy supermarket rival Safeway.An alarming video shows old arctic ice vanishing as a
result of global warming, even though old ice is more resistant to
melting.Follow CityBeat on Twitter:• Main: @CityBeatCincy • News: @CityBeat_News • Music: @CityBeatMusic • German Lopez: @germanrlopezGot any news tips? Email them to glopez@citybeat.com.